CHAPTER 21
RADIATION AND URANIUM RESOURCES EXPOSURE CONTROL
34-21-1. State policy as to uses of radiation and uranium resources. Whereas radiation and uranium
resources can be instrumental in the improvement of health, welfare, and productivity of the public if
properly utilized and developed, and may impair the health of the people and the industrial and
agricultural potentials of the state if improperly utilized or developed, it is hereby declared to be the
public policy of this state to encourage the constructive uses of radiation, proper development of uranium
resources, and control of any associated harmful effects.
Waste disposal -- Approval required -- Uranium ore and mine tailings excepted. The containment,
disposal, or deposit of high level and nuclear fuel cycle wastes, defense wastes, nuclear wastes,
radioactive substances, or radioactively contaminated materials or the processing of high level nuclear
wastes may not be established, allowed or permitted within the boundaries of the State of South Dakota,
unless prior approval has been granted by the Governor or upon his request the Legislature, except that
uranium ore or uranium mine tailings shall not be affected by this section. Low level nuclear wastes may
not be disposed of without approval of the department and secretary of environment and natural resources
and in accordance with regulations promulgated according to this chapter and chapter 34A-6.
34-21-2. Definition of terms. Terms used in this chapter mean:
(1) By-product material, any radioactive material (except special nuclear material) yielded in
or made radioactive by exposure to the radiation incident to the process of producing or utilizing special
nuclear material;
(2) General license, a license effective pursuant to regulations promulgated by the agency,
without the filing of any application, to transfer, acquire, own, possess, or use quantities of, or devices or
equipment utilizing by-product, source, special nuclear materials, or other radioactive material occurring
naturally or produced artificially;
(3) Nuclear energy, all forms of energy released in the course of nuclear fission or nuclear
transformation;
(4) Person, any individual, corporation, limited liability company, partnership, firm,
association, trust, estate, public or private institution, group, agency, political subdivision of this state, any
other state or political subdivision or agency thereof, and any legal successor, representative, agent, or
agency of the foregoing, other than the United States Atomic Energy Commission, or any successor
thereto, and other than federal government agencies licensed by the United States Atomic Energy
Commission, or any successor thereto;
(5) Radiation machine, any device that produces radiations when the associated control
devices are activated;
(6) Radiation or ionizing radiation, gamma rays or X rays, alpha and beta particles, high-speed
electrons, neutrons, protons, and other nuclear particles; but not sound or radio waves, or visible, infrared
or ultraviolet light;
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(7) Radioactive material, any material, solid, liquid, or gas which emits radiation
spontaneously;
(8)
Source material:
(a) Uranium, thorium, or any other material which the agency declares by order to be source
material. United States Nuclear Regulatory Commission determination that a material is a source material
shall be considered as evidence in the agency declaration; or
(b) Ores containing one or more of the foregoing materials, in such concentration as the
agency declares by order to be source material. United States Nuclear Regulatory Commission
determination that a material is a source material shall be considered as evidence in the agency
declaration;
(9) Sources of ionizing radiation, any radioactive materials or any device or equipment
emitting or capable of producing ionizing radiation;
(10)
Special nuclear material:
(a) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and
any other material which the agency declares by order to be special nuclear material. United States
Nuclear Regulatory Commission determination that a material is special nuclear material shall be
considered as evidence in the agency declaration; or
(b)
material;
Any material artificially enriched by any of the foregoing, but does not include source
(11) Specific license, a license, issued after application, to use, manufacture, produce, transfer,
receive, acquire, own, or possess quantities of, or devices or equipment utilizing by-product, source,
special nuclear materials, or other radioactive material occurring naturally or produced artificially.
Governor's agreement for discontinuance of federal responsibility -- Funds available for establishment of
protection program. The Governor, on behalf of this state, is authorized to enter into agreements with the
federal government providing for the discontinuance of certain of the federal government's
responsibilities with respect to sources of radiation and assumption thereof by this state. This authority for
the Governor to enter into an agreement with the environmental protection agency is granted only under
the condition that funds are made available for the establishment of an adequate radiation protection
program within the agency prior to the signing of this agreement.
Superseded.
Transfer of enforcement of radiation safety control activities, measures pertaining to X ray producing
devices and sources of ionizing radiation used for diagnostic or therapeutic purposes in the practice of all
healing arts to secretary of Department of Health. The authority and function of the Department of
Environment and Natural Resources and the Board of Minerals and Environment as it related to the
enforcement of radiation safety control activities and measures pertaining to X ray producing devices and
sources of ionizing radiation used for diagnostic or therapeutic purposes in the practice of medicine,
chiropractic, podiatry, dentistry, veterinary, and all the healing arts are transferred to the secretary of the
Department of Health. The secretary of health shall perform and carry out all the functions and duties
relative to the enforcement of radiation safety control activities and measures pertaining to X ray
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producing devices and sources of ionizing radiation used for diagnostic or therapeutic purposes in the
practice of medicine, chiropractic, podiatry, dentistry, veterinary, and all the healing arts including, but
not limited to, the authority for requiring the taking out of licenses for devices and sources and the
authority to adopt, promulgate and enforce rules as may be necessary to implement or effectuate the
powers and duties of the department.
34-21-5. Employment of personnel by agency -- Delegation of functions. In accordance with the laws of
the state, the agency may employ, compensate, and prescribe the powers and duties of such persons as
may be necessary to carry out the provisions of this chapter.
The secretary may delegate to officers and employees of the agency such functions, duties, and
authority as are vested in the agency by this chapter; except the authority to adopt and promulgate
standards, rules, and regulations, and to issue or modify orders.
Training programs to qualify personnel -- Participation in federal and interstate programs. The agency
may institute training programs for the purpose of qualifying personnel to carry out the provisions of this
chapter, and may make personnel available for participation in any program or programs of the federal
government, other states, or interstate agencies in furtherance of the purposes of this chapter.
Development of comprehensive policies and programs. The agency shall develop comprehensive policies
and programs for the evaluation and determination of hazards associated with the use of radiation, the
development of uranium resources, and the natural occurrences of radiation and for their mitigation.
Investigations and research in radiation problems and monitoring. The agency may encourage, participate
in, or conduct studies, investigations, training, research, and demonstrations relating to control of
radiation hazards, measurement of radiation, effects on health of exposure to radiation, monitoring of
radiation levels in the environment and related problems as it may deem necessary or advisable for the
discharge of its duties under this chapter.
Consultation and cooperation with federal, public and other agencies. The agency shall advise, consult,
and cooperate with other agencies of the state, the federal government, other states and interstate
agencies, and with affected groups, political subdivisions, and industries in furtherance of the purposes of
this chapter and to avoid duplication of effort.
Acceptance and administration of loans and grants. The agency may accept and administer loans, grants,
or gifts from the federal government and from other sources, public or private, for carrying out of any of
its functions.
Collection and dissemination of information. The agency shall collect and disseminate information
relating to the determination and control of radiation exposure hazards.
34-21-12. Adoption and enforcement of rules and regulations. The agency shall, in compliance with
chapter 1-26, and upon recommendation of the Board of Minerals and Environment, adopt, promulgate,
and enforce any rules and regulations as may be necessary to implement or effectuate the powers and
duties of the agency under this chapter.
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